IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

Criminal Revision Application No.S-119 of 2021

 

 

Applicant:                                          Muhammad Sanwal Ghoto, through Mr. Abdul Jabbar Siyal, Advocate.

Date of hearing:                                 08.11.2021.

Date of decision:                                08.11.2021.

 

 

O R D E R

 

Zulfiqar Ali Sangi, J:              Through this Cr. Revision Application, the Applicant has assailed order dated 10.09.2021 (impugned herein) passed by 1st Additional Sessions Judge/MCTC, Ghotki, wherein application under Section 265-K Cr.P.C was dismissed.

 

2.       Learned counsel for the applicant, at the very outset, contended that the applicant is innocent and has been implicated due to enmity; that the allegation against applicant is only of abatement/ instigation; that no other act has been assigned against him; that there is no material with the trial Court for awarding conviction to the applicant, hence he may be acquitted from the charge.

 

3.       Heard learned Counsel for the Applicant and perused the record.

 

4.       It is observed that this case is of three murders and at this stage I feel that merits of the case are not to be discussed in this order as such may prejudice the case of either party; however from perusal of impugned order, it come on surface that evidences of witnesses have been recorded and they have fully implicated the applicant in the commission of offence, which reflects from para-6 of the impugned order. For the sake of convenience, para-6 of the impugned order is reproduced hereinbelow:-

“From cursory glance of the available record, it has come on the surface that the applicant/accused is specifically nominated in the FIR and an allegation of abetment/instigation is attributed against him. The witnesses cited in the FIR, in their 161 Cr.P.C statements so also in their statements recorded before the Court at trial have seconded the version of complainant and implicated to him in commission of alleged crime. More so, I.O Inspector Ghulam Ali Jumani, who had conducted inquiry in the instant case had also recorded his statement before this Court and had implicated to the applicant/accused in commission of alleged crime. Hence, at this stage, there appears prima facie evidence against him on record to suggest full-fledged trial and in existence of such evidence, it could not be safely said that the charges alleged against applicant/accused is groundless and there is no probability of his conviction under the charge of the case”.    

 

5.       In view of the above circumstances, no illegality or infirmity has been seen in the impugned order. Resultantly, this application is dismissed in limine. However, trial Court is directed to conclude the trial within four (04) months’ time from the date of receipt of this order.

 

Judge

Faisal Mumtaz/PS